What to do if I’m probating my mom’s Will and my brother and I are executors but he has had problems with substance abuse and has been in jail numerous times?

My mom would enable him with bonding him out and handouts. Well, he has been pushing hard to wrap all this up and it made me wonder if something may be up. Through a call to a local bonding company I found out that he has a bench warrant on him from June of 2012 for failure to appear on a cocaine possession charge. I remember my mom telling me after I saw a bank withdrawal slip several years ago that this was for his “probation fine” and he was straight on everything. I don’t think she really fully understood what she was doing. All is to be divided 50/50.

Asked on June 30, 2014 under Estate Planning, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am sorry for your loss and I can understand your anxiety in the predicament that you are in.  But I don't fully understand what you actually asking here. If your Mother chose to help outyour brother - in what ever way she thought was best - during her lifetime that was between them.  She didn't make it a condition of inheritance that he pay her back did she?  Then that is that.  If trying to "wrap things up" is cause for alarm because things will not be completed properly then that is another story.  But what ever is left is split 50/50.  That was your Mother's wish. Good luck.

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